The XXXIII Additional City Civil and Sessions Court in Bengaluru has granted regular bail to 22-year-old Nawaz Pasha, who was arrested by the Mahadevapura Police for alleged possession of Ganja. The court, presided over by Special Judge Smt. B.S. Jayashree, observed that the quantity of the narcotic substance seized fell under the “intermediate” category, making the stringent bail restrictions of the NDPS Act inapplicable in this specific instance.
Background of the Mahadevapura Police Raid
The criminal proceedings against Nawaz Pasha, a resident of Chamarajpet, began on July 3, 2022. According to the police report, a Head Constable on patrolling duty received credible intelligence at approximately 9:15 a.m. regarding a person selling narcotics near the New Light Junction auto stand on Old Madras Road in B Narayanapura.
Acting on this information, the police team, accompanied by independent witnesses (panchas), conducted a raid at the specified location. The team apprehended a suspected individual who identified himself as Nawaz Pasha. Upon conducting a personal search, the police reportedly recovered 1 kilogram of Ganja from his possession. Following the seizure, a detailed mahazar was drawn at the spot, and an FIR was registered under Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Legal Arguments: Bread Earner vs. Habitual Dealer
The counsel for the petitioner, Sri MS., argued that Nawaz Pasha is a law-abiding citizen with no criminal antecedents. The defense contended that the accused had no knowledge of the alleged crime and was “falsely implanted” at the behest of extraneous elements. A key procedural argument raised by the defense was the non-compliance with Section 50 of the NDPS Act, which outlines the mandatory procedure for a personal search. Furthermore, the defense highlighted that the petitioner is the sole breadwinner for his family and was willing to cooperate fully with the investigation.
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The Public Prosecutor representing the State strongly opposed the bail plea. The prosecution argued that the accused was caught red-handed with a narcotic substance and that a detailed seizure mahazar supported the charges. Characterizing the petitioner as a “habitual drug dealer,” the prosecution expressed fears that if released on bail, Pasha would abscond or interfere with the ongoing investigation. They emphasized that the offense carries a potential sentence of up to 10 years of rigorous imprisonment.
The Court’s Analysis of Narcotic Quantities
The court’s decision hinged on the specific quantity of the drug involved. Under the NDPS Act, the severity of punishment and the difficulty of obtaining bail depend largely on whether the seized amount is classified as “small,” “intermediate,” or “commercial.”
According to the Ministry of Finance Department of Revenue Notification S.O.1055(E), for Ganja:
- Small Quantity: Up to 1,000 grams (1 kg)
- Commercial Quantity: 20 kilograms or more
In this case, exactly 1 kilogram of Ganja was seized. The court noted that while 1,000 grams is the upper limit of a small quantity, it is fundamentally an intermediate/non-commercial quantity when compared to the 20 kg threshold.
Judge B.S. Jayashree cited a landmark Supreme Court decision, Birbal Prasad Vs. State of Bihar (2018), which established that the rigors of Section 37 of the NDPS Act—which makes bail nearly impossible for commercial quantities—do not apply to non-commercial amounts. The judge observed that when the quantity is intermediate, the factors for granting bail become similar to those under regular criminal statutes, unless exceptional circumstances are presented by the prosecution.
Order and Stringent Conditions for Release
The court found that the major portion of the investigation was already concluded as the contraband had been seized and the voluntary statement of the accused had been recorded. Finding that further custodial interrogation was not warranted, the court allowed the petition.
Nawaz Pasha was ordered to be enlarged on bail upon executing a personal bond for Rs. 1,00,000 with two sureties of the like sum. The court imposed several strict conditions to ensure his appearance and prevent further criminal activity:
- Mandatory Attendance: The petitioner must appear before the Investigating Officer once a month, preferably on the first Monday, until the charge sheet is filed.
- Jurisdictional Restrictions: He shall not leave the court’s jurisdiction without prior permission.
- Evidence Integrity: He is strictly prohibited from tampering with witnesses or absconding.
- Cooperation: He must actively cooperate with the ongoing investigation.
- Good Conduct: He must not commit any similar offenses or any other crimes while out on bail.
- Documentation: He must furnish photo ID and local address proof for himself and his sureties.
The court warned that any breach of these conditions would lead to the immediate cancellation of the bail. The order was pronounced in open court, providing the 22-year-old a chance to return to his family while the legal trial proceeds.